Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1887-03-31

purpose it meets; whether for the purpose
of passing appropriation bills, of prohibit
/ ing free passes by railroads, or for any other
purpose under a State Constitutional pro-
vision that authorizes the Governor to call
/ it together, and when called to limit its ac-
ton to the subjects mentioned in the call.
/ It's power to act in the matter OF electlng a
! u. S. Senator, the manner of its acting are
bestowed upon it,-and regulated by the
Constitution of the United States, which is
supreme upon the subject; and no act or
pro vision of State Constitution or law can
affect or alter them.
As an illustration: The same section,
from which have quoted, provides that
''No person shall be . Senator who shall
not have attained to the age of thirty years,
and been nine years a citizen Of the United
States, and who shall not, when elected, be
an inhabitant of that State for which he
was chosen"
Suppose, for any reason, a State should
prescribe another age and say that q Sen
ator from West Virginia shall be eligible
to the Office at the age of trenty:fre gears
and that he shall only be required to be a
citizen of the United States for seUeR years,
and that he need not be an inhabitant of
the State when he is chosen.-W Would Sen
ator elected under the new qualifications be
received by the Senate? Could he be so re-
ceived Manifestly not. And why not ?
Because he does not conform to the qualif-
cations of the Constitution of the United
States So with regard to the action, or
Limitation of the action of Legislature
when it meets in extra session. It may be
limited to such subjects as the Constitution
of hesitate may provide ifnotin conaictwith
any duty that the Constitution Of the United
States imposes upOnit. Ifthere is any such
conflict such limitation liz it must yield. Now
the Constitution of the United States de-
clares thatthe Governor of State shall have
power "to make temporary appointments
until the next meeting of the Legislature
which shall then fill the vacancies"
The power to elect is not bestowed upon
the Legislature nor can it be taken from it
by the Constitution or law of n State any
more than the qualification by age or resi-
dence is bestowed by the Constitution or
law of State, or can be modified or chang.
ed by them.
If the body, therefore, that meets at
Charleston on the Goth of April be the Leg
islatre of the State, its duty and power to
elect a Senator are imposed on it by the
Constitution of the United States when it
so meets.
The Leg stature cannot say we are call
ed together for certain purposes" The Con-
stituton OF the United States answers: "But
the duty which have imposed upon you,
and the power | have given you is to elect, -
and this Constitution and the laws of the
United States made in pursuance thereof,
and all treaties made or which shall be made
under the authority Of the United States
shall be the supreme law Of the land. -
There cannot be two supreme laws on any
, subject. From its very nature it must be
indivsible.
f 1t is true there is no power to coercc a
State into the election of Senator Of the
United States, but if the power and duty to
elect be not exercised and is neglected what
is the result? Why penalty is incurred
The State has chosen not to have the Sena-
tor whom it was entitled to elect and it,
therefore, goes without its due representa-
ton until another Legislature shall meet
and discharge its duty by eecting Sena
tor. The place becomes vacant at the adj
iournment of the next meeting of the Legis-
lature. There is no power in the Execu-
tive 20 fill it.
In the very able debate on the Bell
case reported in Congressional Record, Vol
9 part /, pages 1915 and following land
from which the extracts in this article have
been taken there were two reports as here
inbefore mentioned. The minority report
of Hoar, Cameron and Ingalls, comedies that
if, after raid Executive appointment,
there be a meeting Of the Legislature, such
appointment ceases if the Legislature adj
o Urn without making choice Of a successor.
The report holds this language:
"Yet the Senate has uniformly held that the
Senator, so appointed retains his seat until the
Legislature choose his successor or 0y0urt 'rWi-
ont making choice
Mr.. Hoar in the discussion said
THE Governors right to appoint until the
next meeting of the legislature is uniformly
construed to mean that after the Legislature
has met the entire constitutional authority ot The
Goyer,or, SO far as reiates 10 TINT racaHcE gOae.
Mr. Edmunds Herated and reiterated this
view during the same debate. Although he
thought the Governors appointment, as we
have seen, of Mr. Bell was valid, he was
very emphatic in his opinion upon the 9TH
er point that it ended with the next meet
ing Of the Legislature. He said:
"The Governor may fill until the next meet
ing of the legislature. That having occurred,
his power is, of course, exhausted, and he can
not fill again
Again he said:
"When the Constitution uses the word 9TH
erwse it uses a comprehensive term 50 that
in whatever way a State ceases to have oppor-